### ATIORNEY GENERAL STATEMENT FOR FINAL AUTHORIZATION FOR CHANGES TO THE FEDERAL HAZARDOUS WASTE PROGRAM (July 7, 2014)

I hereby certify, pursuant to my authority under the Attorney General for the State ofSouth Dakota delineated in SDCL 1-11-4 (see Attachment 1) and in accordance with Section 3006(b) ofthe Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et seq.), and 40 CFR 271, that in my opinion the laws ofthe State ofSouth Dakota provide adequate authorityto carry out the hazardous waste program set forth in the Program Description submitted by the South Dakota Department of Environment and Natural Resources in July, 2014, and to meetthe requirements of40 C.F.R. Part 271, Subpart A. The specific authorities provided are contained in statutes or regulations lawfully adopted at the time this Statement is signed and which are in effect now. The statutory authorities forthe State ofSouth Dakota are documented in the State ofSouth Dakota's submittals for its base program, for which authorization was received on November 2, 1984, and subsequent submittals which received authorization on April 17, 1991 (effective June 17, 1991}, September 8, 1993 (effective November 8, 1993}, January 10, 1994 (effective March 11, 1994), July 24, 1996 (effective September 23, 1996}, May 9, 2000 (effective June 8, 2000), April 23, 2004 (effective May 24, 2004), March 8, 2006 (effective March 8, 2006}, and August 8, 2012 (effective August 8, 2012). An updated RCRA Statutory Checklist (Abbreviated Version}, dated July 7, 2014, is attached to this statement (See Attachment 2). In my opinion, statutes relied on in previously approved authorization applications have not been amended, modified or revised by statute orjudicial decision in awaythat diminishes and interferes with the authority to carry out the previously authorized hazardous waste program to meet the requirements of40 C.F.R. Part 271, Subpart A. The provisions for which the State ofSouth Dakota is seeking authorization are those regulations codified through July 1, 2012 as represented and documented in the following RCRA Revision Checklists, attached hereto as Attachment 3: 217, 218, 220, 223, 225 (no checklist}, 226, 227, 228. Because the State ofSouth Dakota adopts the federal regulations by reference under authority established in SDCL 1-26-6.6, there are few ifany differences between the State ofSouth Dakota's provisions and the Federal provisions; any such differences are noted on the Checklists appearing in Attachment 3. The official State regulations may be found in Administrative Rules ofSouth Dakota Article 74:28, as most recently amended with an effective date ofOctober 10, 2013. (These rules, as ofJuly 1, 2014, are no longer "provisionally" effective under SDCL 1-26-6 and 1-26-38 and are no longer subject to suspension by the South Dakota Interim Rules Review Committee; theyare thereforefully effective.) These rules are attached tothis Statement in Attachment 4

. This certification supplements myor my predecessors' certifications of: May 24, 1984; January 14, 1991 (as amended byaSeptember 11, 1992 and aSeptember 25, 1992Attorney General Statement); April 1, 1993 (a supplemental Attorney General Statement concerning RCRA section 3006{f) only); September 24, 1993 (as amended by aSeptember 5, 1995 Attorney General Statement); December 29, 1994; October 23, 1997; October 27, 1997; October 28, 1997; November 5, 1999; June 26, 2000;June 18, 2002; October 19, 2004; and May 11 , 2009.

Richard M

. Williams Name (Type or Print) DeputyAttorney General Title May 5, 2015 Date Attachments: 1 : SDCL 1-11-4
2: South Dakota RCRA Statutory Checklist {Abbreviated Version), with attached referenced statutory provisions

. 3: RCRA Revision Checklists #216, 217, 218, 219, 220, 223, 224, 225 (no checklist), 226, 227, and 228. 4: ARSD Art

. 74:28